Ken Conklin at 05:11, 21 December 2005

2005-12-21T05:11:13Z

Jere Krischel at 04:33, 9 December 2005

2005-12-09T04:33:51Z

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turbed, both because it would be dangerous and impolitic to do so,
and because their assistance was desired. A curious survival of this
feudal custom of redistribution of power and land upon the accession
of a new ruler is recognizable in the equally reprehensible sentiment
of modern politics expressed in the well-known words, " to the victors
belong the spoils."
When Kamehameha I conquered the group, excepting the island of
Kauai, which was accomplished only after the most desperate fighting,
his success carried with it the fullest and severest application of this
custom, and it meant to his defeated enemies loss of all political power
and of the lands which were the basis of such pojver. The island of
Kauai, through the treaty of annexation between the King of that
islaud, Kaumualii, and Kamehameha, might have escaped such misfortunes
but for the rebellion of Humehume, the son of Kaumualii,
some years later, which, being suppressed, subjected the insurgent
chiefs to the rigorous rule of confiscation of their lands and the annihilation
of their political influence.
Thus Kamehameha became at last, through these feudal customs and
by virtue of his conquest, the fountain head of land tenures for the
whole group. The principles adopted by the land commission in 1847
opens with the following statement:
"When the islands were conquered by Kamehameha I he followed
the example of his predecessors and divided the lands among his principal
warrior chiefs, retaining, however, a portion in his hands to be cultivated
or managed by his own immediate servants or attendants.
Each principal chief divided his lands anew, and gave them out to an
inferior order of chiefs or persons of rank, by whom they were subdivided
again and again, passing through the hands of four, five, or six
persons, from the King down to the lowest class of tenants. All these
persons were considered to have rights in the lands or the productions
of them. The proportions of these rights were not very clearly defined,
but were, nevertheless, universally acknowledged."
During Kamehamena's long and vigorous reign affairs became settled
to an extent to which the country had been unaccustomed. Long
and undisturbed possession of their lands by chiefs was a preparation
for the development of a sentiment favorable to permanent individual
rights in land. Such a sentiment had become well defined in the mind
of Kamehameha before his death, and may be regarded as the seed
germ of the system of land tenures which afterwards developed.
Many of those who have been interested in this subject have been
accustomed to regard the idea of private rights in land in these islands
as one of foreign introduction during the reign of Kamehameha III, at
which time the remarkable change from feudal to private real estate
control took place. But the landed reforms of that reign were the
results of causes which had been long and powerfully at work. The
century plant had slowly grown, but when its full time came it swiftly
and abundantly blossomed.
At the meeting of chiefs at Honolulu, upon the arrival of the frigate
Blonde, in 1825, with the remains of Kamehameha II and his wife, to
consider the question of the succession to the throne and other matters,
as reported in the Voyage of the Blonde, page 152 and following,
Kalaimoku, the regent, in his address to the council, referred to the
inconveniences arising from the reversion of lands to the King on the
death of their occupants—a custom partially revived under Kamehameha
II, but which it had been the object of Kamehameha I to

exchange for that of hereditary succession. This project of their great
King he proposed to adopt as the law, excepting in such cases as when
a chief or landholder should infringe the laws, then his lands should
be forfeited and himself tabooed. Several chiefs at once exclaimed:
"All the laws of the great Kamehameha were good; let us have the
same!"
Lord Byron, captain of the Blonde, presented the council some written
suggestions in regard to the administration of affairs which are
contained the following article: "That the lands which are now held
by the chiefs shall not be taken from them, but shall descend to their
legitimate children, except in cases of rebellion, and then all their property
shall be forfeited to the King." The account proceeds as follows
(page 157): " These hints, it will be at once perceived, are little more
than a recommendation quietly to pursue the old habits and regulations
of the islands. Kamehameha I had begun to establish the hereditary
transmission of estates, and Lord Byron's notice only adds the sanction
of the British name to it."
This principle, adopted previous to the reign of Kamehameha I I I,
greatly influenced the progress of events.
When, after the death of Kamehameha I, his son, Liholiho, came to
the throne as Kamehameha II, the administration of the Government
was shared with him by Kaahumanu, the Kuhina Nui,* one of Kamehameha's
widows, and a woman of great force of character. It was the
desire of Kamehameha II to make a redistribution of the lands of the
realm according to custom, but Kaahumanu was opposed to it, and her
influence, together with the united strength of the landed interests
which had become firmly established in the chiefs during the long reign
of Kamehameha I, was too strong for him, and beyond a few assignments
among his intimate friends, he relinquished his purpose. The
distribution of lands therefore by Kamehameha I remained for the most
part as a permanent settlement of the landed interests of the Kingdom,
to be afterwards modified in favor of the common people and the Government,
but never ignored.
During the period from the distribution of lands by Kamehameha I,
about 1795, till the year 1839, the sovereign held a feudal authority
over the whole landed estate of the Kingdom, which included the right,
as above set forth, summarily to cancel the rights in land of any chief
or couimoner. There was a growing tendency, however, during this
period toward the provision in favor of the descent of lauds from
parent to child adopted by the chiefs upon the return of the Blonde,
and the feudal right of the sovereign over the laud of the subject was
more rarely exercised as time went on. Increasing security in tenure
led to increasing activity in land transactions. Chiefs transferred lands
to others, and they became a marketable commodity. There was buying
and selling—some speculating. The sovereign gave away and sold
lands here and there. Foreigners became landholders. Still there
was no permanence in the tenure, the enactment by the chiefs at the
time of the Blonde being in the nature rather of an expression of an
opinion than a binding law. The Kingdom then was under the regency
of Kaahumanu and Kalanimoku, and Kamehameha III, being still a
minor, was not a party to this provision and it was not regarded as
binding upon him.
The status of land matters at this time was similar to that which
existed in England after the Norman conquest, but here the progress
of events, owing undoubtedly to the influence of a foreign civilization,
* Kuhina Nui—a premier or minister liaviug a veto on the King's acts.

Template:458-459 - Revision history

Ken Conklin at 05:11, 21 December 2005

Jere Krischel at 04:33, 9 December 2005